Man admits to March murder near Allentown playground

January 28, 2013|By Kevin Amerman, Of The Morning Call

An Allentown man who could have been sentenced to death if found guilty of first-degree murder during his upcoming trial instead entered a guilty plea Monday, a deal that makes him eligible for parole after 13 years.

The prosecutor in the case acknowledged neither he nor the victim's family were thrilled with the plea, but said it was offered because witnesses to the killing were uncooperative.

Lafayette Upshaw, 30, shackled and wearing a blue prison jumpsuit, pleaded guilty to third-degree murder under a deal that capped his minimum sentence at 13 years. After entering the plea and admitting to shooting to death 19-year-old Anthony Santiago in downtown Allentown, Upshaw was immediately sentenced by Lehigh County Judge Douglas G. Reichley to 13 to 40 years in state prison — the maximum he could receive under the plea deal.

Prosecutors had been seeking a first-degree murder conviction and a death sentence during trial, which had been scheduled to begin this week.

While Santiago's family wasn't happy with the plea, Upshaw was. When Reichley, during routine questioning as part of the plea, asked Upshaw if he was satisfied with defense attorney Matthew Potts, Upshaw answered, "Very much so."

For the first time in court, Upshaw entered an explanation for the March 7 killing. He said he accused Santiago and his friends — who he believes could have been gang members — of the January 2012 burglary of his music studio on Seventh Street in Allentown. Upshaw said $14,000 worth of items were stolen.

First Assistant District Attorney Steven Luksa said Upshaw did speak briefly with police about the burglary at the time, but didn't fill out a formal police report. Upshaw said he didn't want to because he produced music for several rappers and going to the police would be frowned upon by them.

On the night of the shooting, Upshaw said words had been exchanged between himself and Santiago's friends and one of them, Tyquan Lloyd, 20, of Allentown, pulled a gun on him around 6:15 p.m. at Sixth and Tilghman streets, near a city playground. Upshaw said he then pulled out his gun and started firing, accidentally striking Santiago in the chest and killing him.

"Once [Lloyd] pulled the gun — I know his reputation on the streets — I was going to fire on him," Upshaw said. "I just wasn't going to take the risk of being shot and killed."

Reichley said authorities cannot allow such actions.

"This kind of behavior won't be tolerated," the judge said. "It's not the Wild West, or even Philadelphia for that matter."

Authorities had said Upshaw also struck Lloyd in the foot during the shooting.

Upshaw apologized to Santiago's family, which caused them to shout back.

Earlier in the hearing, Janeea Santiago, the victim's sister, said her brother was "a good kid who didn't deserve to die over something so petty."

Santiago's uncle, Hector Santiago, told Upshaw he's going to have a rough time in state prison.

"Let me tell you something, Lafayette," he said. "I've been around your type. I know you're scared and you should be. When you go to the big house, you're going to feel my pain."

The plea came a month after Reichley denied a defense motion seeking to prevent prosecutors from seeking the death penalty, but approved a motion to suppress statements made by Upshaw.

Authorities said that during questioning, police showed Upshaw a photo of the gun used in the shooting and he pointed to it and said, "That's my gun."

Police say they found the .40-caliber handgun in Upshaw's S. Blank Street home after the killing and that, through ballistics tests, it was determined to be the murder weapon.

Potts argued that the whole statement should be tossed because in the beginning of the police interview, Upshaw made it clear he didn't want to talk with authorities and they kept going — even awkwardly sitting silently across from him in a small interview room for long periods — until he spoke.

The detectives who interviewed Upshaw insisted he would "re-initiate" the conversation after saying he didn't want to speak.

But Luksa wound up not contesting Potts' suppression motion, saying "after further review of the facts and relevant case law," the statements should not be used.